The Justice Ministry released an interim report Friday on measures to support people victimized by crime that lists pros and cons regarding their participation in trial and other criminal procedures.
The report was based on research by a panel of legal experts since September 2003. The group was formed in response to demands made by the nonprofit group National Association of Crime Victims and Surviving Families for the government to provide a system that better protects and supports people victimized by crime.
According to the report, the main discussions focused on the expansion of the victimized, including the next of kin of crime fatalities, to participate in criminal procedures.
The report cites the example of the German trial system, which allows the victimized to take part in criminal procedures for certain crimes, including rape, injury and confinement. For minor offenses, including breaking and entering, the victims have the right to take legal action on their own, including leveling charges.
The study group noted, however, that Germany employs an inquisitorial trial system in which the judge is responsible for examining and establishing the facts surrounding cases.
In Japan, on the other hand, the present system places the judge on neutral ground and it is up to prosecutors and the victimized to provide evidence of a defendant's guilt.
If Japan were to adopt a system similar to that of Germany, its entire trial system would have to be overhauled, the report says.
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